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HomeMy WebLinkAbout2005-11-16 Conservation Commission Minutes Uu Conservation Commission Meeting Minutes November 16, 2005 Members Present: Scott L Masse, Chairman, and Joseph W Lynch, Jr, John J Mabon, Deborah Feltovic, Sean F McDonough Members Absent: Albert P Manzi, Jr , Vice Chairman, Louis A Napoli Staff Members Present: Alison E McKay, Conservation Administrator, and Pamela A Merrill, Conservation Associate, Donna M Wedge, Conservation Secretary Pledge of Allegiance Meeting came to Order at: 7:05pm Quorum Present. General Business 242-1145, COC Request Foster Street-Woodchuck Hill Substation (New England Power Company)(cont. from 10/26/05) No one was present Ms McKay stated the plans and paperwork need to be finalized The staff has not conducted a second field inspection to determine if the required No Pesticides or Herbicide spraying markers were installed I spoke with Dan McIntyre and the plans have been completed,but the final paperwork has not been The applicant is requesting a continuance to the meeting of 12/14/05 Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1059, COC Request, 40 Booth Street(Quality Realty Trust)(Basbanes) Leah Basbanes of Basbanes Associates was present Ms Merrill stated an Order of Conditions was issued for construction of a single-family dwelling, installation of a sewer force main from Saville Street, associated appurtenances and site clearing and grading within the Buffer Zone to a Bordering Vegetated Wetland The entire site house and majority of the driveway are located outside of the Buffer Zone The applicant retained Leah Basbanes as the Environmental Monitor reports were found in the file The applicant is requesting a waiver to submit as-built plans because site conditions have changed upon completion of this project The house/driveway were constructed off end of the cul-de-sac of Booth Street Since the construction of this lot, separate Order of Conditions were issued to Highview, LLC for the construction of 5 house lots on Saville Street and the improvement of Wallace Street Therefore, if an as-built plan produced, it would not be consistent with the record plan because what was once a driveway to 40 Booth Street is now a 20'+ street A site inspection was conducted on Monday,November 14, 2005 at which time all areas were stable against erosion The erosion controls have been removed from the site Mr McDonough stated we need some kind of record plan for the file Mr Lynch stated Leah you have been around for many years in this business you should know we require as-built plans for the file, even if the site is not the same as the record plan Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to deny the waiver to remove condition# 63 was made by Mr Lynch, seconded by Mr McDonough 1 Unanimous A motion to continue to December 14, 2005 meeting was made by Mr Lynch, seconded by Mr McDonough Unanimous 242-998,COC Request, Harkaway Road Replacement Sewer Proiect (Town of North Andover-DPW)(Guertin Elkerton & Associates, Inc.) The applicant William Hmurciak, Director of the Department of Public Works, and David Press of Guertin Elkerton&Associates, Inc was present Ms Merrill stated an Order of Conditions was issued in April 5, 2000 for the replacement of an existing sewer line to a 27"pipe with the Buffer Zone to Bank, Land Under Water, and Bordering Vegetated Wetland and within the Riverfront Area with Cochichecwick Brook Portions of the work involved temporary impacts to the floodplain(el 96) The floodplain was to be resorted in kind In addition,the applicant was also required to restore 345 s f of Land Under Water, 245 s f of Bordering Vegetated Wetland and 161 s f of Bank The Town of North Andover(applicant)retained Terry Gensel; of David E Ross Associates, Inc as environmental monitor and reports were submitted to the North Andover Conservation Department office Terry's last report identified 3 shrubs that had died& needed replacement They were replaced by the contractor and verified by Alison McKay during August of 2005 An inspection was conducted on Wednesday,November 9 2005 The disturbed areas on the Harkaway Road appeared stable with no evidence of erosion The work that took place on Osgood Street, specifically along the driveway to the DPW office appeared well stabilized with the exception of a small area along the stream bank bridge This immediate area had exhibited stress cracks along the bank, some of which have given way and has experienced some erosion approximately 2' x 3' in size I have been in contact with David Press, Guertin Elkerton& Associates,Inc regarding this issue He states the sewer work completed in 2001- 2002 1 cannot determine why this is happening, it could be a result of several things, frost/thaw, fluctuation of the brook, increase of water due to beaver, or poor recreation of the stream bank Regardless, this should be remedied by some entity before problem worsens Mr Lynch stated the site had been monitored for 2 years as required in plantings Mr Hmurciak stated there were woodchucks that caused that area to hold water because they made a hole Present to vote. Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-757,PCOC Request, Lot 8 (9104) Sherwood Drive (Ashara) (The Neve-Morin Group, Inc. No one was present Ms Merrill stated an Order of Conditions was issued in October 1995 for the construction of a roadway, appurtenances, and stormwater structures within the Buffer Zone to a Bordering Vegetated Wetland The Order of Conditions noted that it applies only to the roadway, utilities and drainage facilities A separate filing was required for the house lots However the RDA was filed and the North Conservation Commission issued a negative determination in May of 1996 for the construction of a single-family dwelling with associated appurtenances within 100' of Isolated Land Subject to Flooding The intent of this COC is to clear the applicant's title The Neve-Morin Group submitted as-built plans I overlaid the proposed plan an as built and the house was constructed smaller than originally proposed A deck was added, however it was constructed greater that 100' from the Isolated Land Subject to Flooding A compliance inspection was conducted on Tuesday,November 8, 2005 at which time all areas were stable with grass and no evidence of erosion runoff Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, John Mabon, and Sean McDonough A motion to issue a 2 PCOC for lot 8 104 Sherwood Drive only was made by Mr Mabon, seconded by Ms Feltovic Unanimous 242-837, Modification & COC Request, 725 Boxford Street(Pelich)(New England Engineering Services, Inc.) The applicant Joseph Pelich, and Ben Osgood, Jr , of New England Engineering Services, Inc was present Ms Merrill stated the Order of Conditions was issued in December of 1996 for the construction of a single-family dwelling, driveway, septic system and utilities within the Buffer Zone to a Bordering Vegetated Wetland and within Riverfront associated to Cedar Brook The applicant was allowed to fill 1,400 s f of Bordering Land Subject to Flooding for grading purposes, and was required to create compensatory flood storage at a 1 1 ratio The 100-year flood elevation was determined to be elevation 102 The applicant is requesting a modification for the following- house was constructed in a smaller foot print,minor grading, placement of a shed, and gazebo, (both outside of the 50-foot No-Build zone), all of which are out side of the Buffer Zone and Riverfront Associated These items were not identified on the modification request A compliance inspection was conducted on Thursday,November 10 2005 at which time measurements were taken in the field and were consistent with the as-built and record plan The compensatory flood storage was constructed and was stabilized using bark mulch Underneath the mulch the applicant heavily seeded the flood storage area I am not sure if this is a approved method to stabilize a flood storage area, as I'm used to seeing areas seeded If you decide to accept the bark mulch, a long-term commitment to annual maintenance must be included in the perpetual conditions Note the thickness of the bark mulch could potentially decrease the amount of flood storage required Furthermore if bark mulch does not float away, water velocity may wash it away Does any one want to ask Ben Osgood, Jr , when it was constructed The floodplain impact/replacement were modified during construction The impacted area was smaller that what was approved,therefore the compensatory flood storage area was smaller Ben Osgood, Jr, is here to elaborate further on the volume constructed There are no special conditions relevant to the flood storage area Mr Osgood stated this is a formula on figuring out the flood plain an elevation area was constructed was 30-feet x 10-feet Elevation is about 102 00 Mr Lynch stated this is extra science in figuring out the elevations of the flood plain the elevation could be 200-feet Firm Flood Maps elevation guessing 140-feet Present to vote Scott Masse, Joseph Lynch, John Mabon, Deborah Feltovic, and Sean McDonough. A motion to issue the modification requirement between Flag A 22 to A 27, 4 wetland markers be installed in this area was made by Mr Mabon, seconded by Ms Feltovic A motion to issue the COC and bond release as modified was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-1168, COC Reguest, 127 Bridle Path (Chatson)(The Neve-Morin Group, Inc.) No one was present Ms Merrill stated an Order of Condition(DEP# 242-1032)was issued in December 2000 for re-grading of rear yard within the Buffer Zone to an Isolated Vegetated Wetland Subsequently, an Enforcement Order was issued in July 2002 for failure to adhere to the pre-construction requirements and altering and impacting by means of filing,clearing and grading activities within the Isolated Vegetated Wetland and Buffer Zone. Furthermore, the applicant/homeowner installed a drainage system consisting of a series of pipes and catch basin, and constructed a play area The Enforcement Order mandated the homeowner file a Notice of Intent for restoration activities and was issued a fine This fine has been paid Permanent impacts were proposed as a result of the installation of a 15"drainpipe within the 3 Isolated Vegetated Wetland in areas of Flags 102-105 and 127-132. The applicant was required to restore 3,160 s f of wetland restoration and 1,500 s f of Buffer Zone restoration A 2' high stonewall was required to be constructed along the limit of restored Buffer Zone to prevent future encroachment The applicant retained Wetland Preservation, Inc as the environmental monitor Seasonal reports were submitted to this office In your packets you will find the final report The as built plan notes the 3, 175 s f of Isolated Vegetated Wetland was resorted/ replicated and 1,600 s f of Buffer Zone was restored in three separate locations, slightly more than what was approved A site inspection was conducted on Tuesday,November 15, 2005 with Geoff Andrews, Wetland Preservation, Inc , which revealed all restored areas were populated with dense shrub and herbaceous layers The p-loosestrife has been hand picked from within the restored areas in an effort to control the invasive species Standing water was also present within the lowest area of restoration It appears that this wetland will continue to flourish and provide adequate habitat for numerous amphibians and songbirds A 2' x 2' fieldstone wall was constructed upslope of the wetland, which will provide a visual barrier and additional protection of the resource area The play area has been relocated outside the 25-foot No-Disturbance zone as required under the Order of conditions Present to vote Scott Masse, Joseph Lynch,John Mabon, Deborah Feltovic, and Sean McDonough A motion to issue the COC and bond release balance $6, 980 was made by Ms Feltovic, seconded by Mr Mabon Unanimous No Recess Decision 242-1325, 16 Jetwood Street (Nicolosi)(New England Engineering Services,Inc.) The applicant Dan Nicolosi and Ben Osgood, Jr, of New England Engineering Services, Inc was present Mr Masse poled the Commission Members Mr McDonough no, Mr Mabon no, Mr. Lynch no, and Ms Feltovic no Mr Masse stated the applicant waited 20 years to have the money to build the addition I would be satisfied issuing the waiver request by the applicant Present to vote Scott Masse, Joseph Lynch, John Mahon, Deborah Feltovic, and Sean McDonough A motion to deny the Order of Conditions was made by Mr McDonough, seconded Mr Mabon 4 to 1 vote A motion to deny and accept the Order of Conditions as- drafted was made by Mr Lynch, seconded by Mr McDonough 4 to 1 vote Public Hearing 8:10pm Request for Determination of Applicability Rea/Johnson Street Replacement Gas line (Bay State Gas Company)(Shaw Environmental & Infrastructure) The applicant Gary Koslowski of Bay State Gas Company and Gary Jacob of Shaw Environmental&Infrastructure was present Mr McDonough read the legal notice Ms McKay stated the filing is for installation replacement Gas line within the Buffer Zone to a Bordering Vegetated Wetland associated with intermittent tributary to Mosquito Brook The project is exempt under WA and the local Bylaw(although the applicant's representative is asking for"limited project status under 310 CMR 10 53 (3) (d) since it is a replacement of an existing public utility The Legal Notice indicates that the work will be performed within the 4 Riverfront, however this is not the case as it was determined that the stream is intermittent The applicant proposes to replace approximately 2, 000 feet of a natural gas distribution line on Rea Street starting at the intersection of Johnson and Rea Street, ending about 1,000 feet from Chestnut Street The replacement line is needed as existing pipe was determined to be leaking The new gas line will be installed within existing roadway and directly adjacent to the existing line The existing line will be capped The trench will be excavated using a backhoe, or will be hand dug and will be approximately 4-feet deep and 18 inches wide Once the pipe is installed the trench will be immediately backfilled A minimum of 36 inches of cover will be replaced over the pipe The plan depicts a soil stockpiling area surrounded by haybales downgradient to an existing catch basin for any materials, which may need to be left overnight while a portion of the trench remains open and properly covered Following installation, disturbed areas will be grading to pre-existing contours and stabilized Erosion controls are proposed (haybales only-see note 1 on plan-applicant's representative to explain further) Mr Jacob stated you could slide some hay underneath the haybales so no run-off would happen Mr Lynch stated is this going replacement install a pipe within a pipe Mr Koslowski stated this would be a replacement of the piping cap off the old pipe install the new pipe Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue a negative determination with conditions was made by Ms Feltovic, seconded by Mr Lynch Unanimous Mr. John J. Mahon left the meeting at 9:00pm. Notice of Intent (s) 242-1297,Amendment, 100 Salem Street (Patenaude & Cristaldi)(Andover Consultants, Inc. The applicant's Thomas Patenaude and Lianne Cristaldi were present Mr McDonough read the legal notice Ms McKay stated the amendment is for construction of an in-ground pool, concrete or paver deck, fence, and associated revised grading in the Buffer Zone to a Bordering Vegetated Wetland The approved limit of clearing and construction has not changed from original proposal An Order of Conditions was issued earlier this year(March) for the construction of a single-family dwelling with associated site work and grading within the Buffer Zone Construction of the house commenced in late August/early September with work progressing quickly The Order of Conditions required the installation of a post&rail fence just upgradient to the 25-foot No-Disturbance zone An additional fence is proposed around the pool as required Mr Lynch stated the post&rail fence and the fence around the pool haybales are installed at the 26-feet away extra haybales are good Ms Feltovic stated what about the waterfall does it continue to run-off Mr Patenaude stated the waterfall is a feature in the pool Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to issue the amendment with conditions was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1337, Turnpike Street-Old Salem Village (Key-Lime,Inc.)(Hayes Engineering, Inc.)(cont. from 10/26/05) The applicant Ben Osgood, Sr , of Key-Lime,Inc , Ben Osgood, Jr., of New England Engineering Services, Inc , and Edward Sterns of Hayes Engineering, Inc ,was present Ms McKay stated the applicant submitted revisions, which Just received this past Monday Lisa Eggleston' s second review letter in response to these new revisions was just received today She 5 states that while many of the issues she had raised in her previous review had been address, she still has several concerns regarding the current drainage design and analysis Some concerns are relative to additional soil testing in proposed forebay and pocket wetland basin, inclusion of a condition in the Order of Conditions to require field verification during construction of an available storage capacity in both the forebay and the pocket wetland, inclusion of a condition in the Order of Conditions to require soil testing at the proposed Cultec infiltration system locations prior to the installation, ensuring that fill material used should have similar or better infiltration capacity, specifications on inspections of the Cultec chambers in the O& M plan, specifications on snow storage and snow management procedures in the O &M plan Mr Lynch stated needs to be more soil testing on the site Mr Osgood, Jr, stated we have done 20 more soil testing on the site Mr Lynch stated absolutely no snow stockpiling on this site Mr Lynch states is there going to be a homeowners association on this site Mr Osgood,'Jr, stated there would be a homeowners association on the property Mr Lynch asked where is this property located Mr Osgood, Jr , stated this land is right across the street from the Prime Gas Station and right next to the Girls Scouts Building on Turnpike Street Mr Osgood, Jr , stated the gravity sewer would be brought up from the Sutton Hill Nursing Home area Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous 242-1333,Waverly Road/Turnpike Street-Walgreen's (Mark Investments, Inc.)(Bohler Engineering, P. C.)(cont. from 11/2/05) William D Goebel, P E and James A Bernardino, P E , of Bohler Engineering, PC was present Ms McKay stated an ENF was filed and received by us on Monday 11/7/05 The ENF was triggered because of required highway access permits from MAHighway and for traffic concerns on Route 114 Lisa `s final review was received this past Monday(in packets) She states that all of the issues raised in her pervious letter have been satisfactorily addressed She had some remaining comments pertaining to comments from Department of Public Works to verify whether the presence of base water flow in the drainage system would be acceptable or not and conditions in the Order of Conditions addressing the SWPPP, construction monitoring, construction sequence (specifically site preparation and dewatermg operations) Comments from Department of Public Works/MA-Highway prior to closing In addition, staff would like additional time to review the revised information to ensure that all administrative concerns have been adequately addressed prior to closing Decision can be drafted for next meeting (next meeting almost a month out) Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 meeting for DPW/MAHighway comments and final staff review was made by Mr Lynch, seconded by Ms Feltovic Unanimous 242-0000,Dale Street & Great Pond Road Sewer Proiect (Town of North Andover- DPW)(Guertin Elkerton & Associates, Inc.) The applicant William Hmurciak Director of the Department of public works, David Press of Guertin Elkerton& Associates, Inc , William Finn Environmental Monitor, Kelly Conway of Guertin Elkerton&Associates was present Mr McDonough read the legal notice Ms McKay stated the filing is for the installation of approximately 3,600 linear feet of new 8-inch gravity sewer lines on Great Pond Road and Dale Street and construction of approximately 2,100 feet of new sidewalk on Dale Street within the Buffer Zone to a Bordering Vegetated Wetland The 6 work is also within the Watershed Protection District The project falls within the limited project provision of the WPA listed in 310 CMRI0 53 (3) (d) 1-4 and CMR 10 53 (3) (f) The filing fee is exempt under the WPA, since the applicant is the Town However,the local fee is required under the bylaw is still applicable The local fee ($ 300-Cat 2-limited project)has not been paid yet The applicant has been notified The sewer will be installed within the street right away within the Buffer Zone only(2,800 s f in the 50-foot No-Build and 875 s f in the 25-foot No- Disturbance zone) No sewer work will occur within a resource area A waiver request for was submitted Stormwater management forms were submitted as a result of additional impervious areas (sidewalk) The forms indicate that 12,232 s f of impervious area will be infiltrated Forms indicate that only 32 5% TSS removal will be met using existing catch basins and street sweeping, which is noted in the Notice of Intent to be an improvement over existing conditions The stormwater forms in the Notice of Intent state that the project scope includes deep sump catch basins to improve TSS removal and new deep sump catch basins are provided The narrative in the Notice of Intent states that the addition of deep sump catches basins (and sloping of the sidewalk toward impervious areas where possible will result in a increase in runoff of less that 5% for the I0-year storm) This gives the impression that new deep sump catch basins are proposed for the project However,the narrative in the Notice of Intent also states the no new stormwater discharges are proposed and existing discharge locations will be utilized In speaking with the applicant' s representative, I don't believe that any new catch basins are being proposed This is not clear in a letter request by staff to address this, it states that new catch basins are proposed,however I am of understanding that the new catch basins mainly existing catch basins that are being relocated No recharges to groundwater measures are noted to be feasible and no suitable locations for groundwater recharge have been identified Stormwater standards# 3 (Recharge to groundwater) and# 4 (80% TSS removal) have not been met(redevelopment project) The applicant states that the sidewalk will reduce erosion of the roadway shoulder The sewer work and the sidewalk construction will be completed separately of each other Erosion controls (Haybales & silt fence) are proposed Any dewatering will be treated prior to discharge The wetland line has been reviewed and approved No file number yet Abutter Mr Dave Rand 256 Dale Street stated I had to install my own catch basin on my property to stop the flooding to my back yard where my septic system is located I have major concerns of the flooding from Bear Hill Subdivision runs down the hill and over the street floods a lot of the Abutters property in this area This has been going on for years The stubs are they going to be installed close to the property line to tie into sewer Mr Hmurciak stated yes the stubs would be placed to the edge of the property to tie into sewer Mr Press stated there would be 4 new catch basins installed in this process The sidewalk would be done at a separate time the Town of North Andover wants to get every house within the Watershed Protection District to be tied into sewer lines Mr Lynch stated the flows existing now piping concrete and clay maintenance of the flow of water and dewatering within the trench very important Present to vote Scott Masse, Joseph Lynch, Deborah Feltovic, and Sean McDonough A motion to continue to December 14, 2005 meeting was made by Ms Feltovic, seconded by Mr Lynch Unanimous The applicant's representative returned to the conference room A motion to reconsider the vote was made by Mr Lynch, seconded by Ms Feltovic Unanimous The Applicant's representative stated could we have a discussion about the sidewalk part of this filing The Commission has to continue the hearing because no file number was issued yet A 7 motion to continue to December 14, 2005 meeting was made by Mr Lynch, seconded by Ms Feltovic Unanimous Donna M. Wedge left the meeting at 11:10pm Okayed by Chairman Scott Masse. Decisions 242-1342, 1210 Osgood Street(Forgetta Development,LLC.)(Epsilon Associates, Inc.) 242-1341,2 Blueberry Hill Lane(Furlong) Rae/Johnson Street Replacement Gas Line (Bay State Gas)(Shaw Environmental& Infrastructure) 242-1297, Amendment, 100 Salem Street(Patenaude & Cristaldi)(Andover Consultants, Inc. Meeting adjourned at 11:30pm. 8